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s 52

Review of order

In force
Part 5Improvement notices and prohibition orders

52 Review of order

(1)

A person bound by a prohibition order who suffers loss as a result of the making of the order may apply to the relevant authority or person who made the order for compensation if the person considers that there were no grounds for the making of the order.

(2)

If there were no grounds for the making of the order, the relevant authority or enforcement agency is to pay such compensation to the applicant as is just and reasonable.

(3)

The relevant authority or enforcement agency is to send written notification of its determination as to the payment of compensation under this section to each applicant for the payment of such compensation.

(4)

An applicant for the payment of compensation under this section who is dissatisfied with a determination under subsection (3) as to the refusal to pay compensation or as to the amount of compensation may apply to the Tribunal under section 34 of the South Australian

Civil and Administrative Tribunal Act 2013 for a review of the determination within 28 days after the day on which notification of the determination was received.

(5)

If the relevant authority or person has not determined an application for compensation under this section within 28 days of receiving the application, the relevant authority or person is taken to have refused to pay any compensation.

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